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MATTER OF GITTENS v. STATE UNIVERSITY OF N.Y.

5786. 100890/13.

158 A.D.3d 562 (2018)

68 N.Y.S.3d 876

2018 NY Slip Op 01253

In the Matter of DARREN GITTENS, Appellant, v. STATE UNIVERSITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 22, 2018.

An appeal as of right does not lie from an order in a CPLR article 78 proceeding remanding a matter to an agency for further nonministerial proceedings (see Matter of Leung v Department of Motor Vehs. of State of N.Y., 65 A.D.2d 736 [1978]; CPLR 5701 [b], [c]), and we decline to grant leave to appeal nostra sponte in the interest of justice.

Were we to entertain the appeal, we would find that Supreme Court providently exercised...

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